Litigation and Dispute Resolution
PRACTICES
HOW WE CAN HELP
REPRESENTATIVE EXPERIENCE
ACCOLADES
A dedicated approach to successful outcome:
We are a Greater China Law Firm with over 35 years track records of handling complex and most important litigations for MNCs and high net worth individuals in Hong Kong and mainland China. We also manage multijurisdictional issues and offer global strategies to our client. We guide our clients in leveraging their positions and timely revisiting the strategy throughout the litigation and dispute resolution process. Our objective is to achieve the desired outcome for our clients.
PRACTICES
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Arbitration
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Breach of contract
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Conveyancing and tenancy
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Corporate fraud
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Cybercrime
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Debt recovery
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Defamation
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Derivative actions
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Financial disputes
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Infringement and passing-off
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Licensing and franchising disputes
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Multi-jurisdictional disputes
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Professional and personal liabilities
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Securities and regulations
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Shareholders and partnership disputes
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Tort
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Will and probate disputes
HOW WE CAN HELP
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Pre-action
- Forum selection
- Investigation and evidence collection
- Pre-action discovery
- Risk management and mitigation
- Strategy advisory
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Interlocutory
- Disclosure order and discovery
- Injunctive relief
- Joinder of parties
- Jurisdictional challenge
- Sanctioned payment / offer
- Security for costs
- Striking out
- Summary judgment
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Post-Judgment / Post-Award
- Appeal
- Asset tracing
- Contempt
- Judgment and award enforcement
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Settlement
- Mediation
- Settlement deed and advisory
- Enforcement of settlement agreement
REPRESENTATIVE EXPERIENCE
CHINA-RELATED DISPUTES
- Represent founder of a famous mainland Chinese pharmaceutical brand in a dispute with its adviser concerning the pre-IPO corporate restructuring and secure favourable judgment for recovery of shares transferred to the adviser
- Represent a high net worth PRC individual to pursue his claims exceeding HKD180 million against a securities house and the management with respect to a share repurchase arrangement
CYBERCRIME
- Represent various foreign corporate victims in tracing and securing recovery of proceeds of cyber fraud through Mareva Injunction
- Represent a venture capitalist to stop a cyberbullying campaign directed at him through successfully taking down the disparaging posts from multiple platforms of different jurisdictions
TRUST AND INHERITANCE
- Represent a settlor of a discretionary family trust who is a co-founder of a leading property company against the trustee for failure to comply with the letter of wishes issued by the settlor, breach of duties and conflict of interest
FINANCIAL DISPUTES
- Represent holder of a convertible bond in defending claim in a complicated dispute on beneficial ownership. The convertible bond was issued by a listed company in Hong Kong in an acquisition and transferred to the holder by the majority shareholder for payment of the consultancy fees for the acquisition based on oral agreement
- Counsel to a listed group in Hong Kong in defending claims from a mainland Chinese vendor arising from acquisitions of mainland Chinese businesses based on manipulated business records and accounting information, and devise strategy to join the management and ultimate owner of the vendor in the proceedings
NTELLECTUAL PROPERTY
- Counsel to a world leading technology company in combating cross border counterfeiting activities and securing freezing of proceeds of infringement in Hong Kong
- Represent a UK heritage brand in luxury leather products in defending copyright infringement claim from a local designer
- Counsel to a world leading perfume and cosmetic brand in pursuing anti-unfair competition claims in mainland China against another leading cosmetic brand based on use of similar product names and promotional materials
- Counsel to a famous luxury brand in a civil litigation and series of administrative proceedings in mainland China against a trademark squatter syndicate registering and using the client's mainland Chinese name and similar logos to sell knockoff across multiple cities in mainland China. We assisted the client to recapture the Chinese house marks and stop the large scale infringement
MULTI-JURISDICTIONAL DISPUTES
- Counsel to the world largest shirt manufacturer in successfully defending a patent infringement claim by its competitor in US District Court Proceedings and ITC proceedings. Our patent litigation team counsel the client on pro-active strategy on invalidity and unenforceability and assisted the client to obtain a Findings of Fact and Conclusions of Law in its favour, and a cost award, unusual for this nature of litigation in the US and hence crowning success for the client
REGULATORY
- Counsel to a leading confectionery brand in police investigation of potential breach of the Gambling Ordinance for conducting trade promotion competition without a license
- Counsel to management of a leading shoe manufacturer in defending discrimination complaint based on sexual harassment allegations before the Equal Opportunities Commission
SHAREHOLDERS AND PARTNERSHIP DISPUTES
- Represent founding members in upholding their rights in disputes with new investors, and advise on petition for winding up of the company and seeking alternative remedy based on just and equitable grounds
- Lead counsel to the preference shareholders to enforce the promissory convertible notes against the company through bankruptcy proceedings before the Court in Barbados. The case involved parallel proceedings commenced by the company in Toronto at the parent company level for sanction of sales of the business and restructuring plan
- Counsel to a founder of a decacorn company in her disputes with the co-founders to protect her interest during the funding rounds and IPO application
WHAT OTHERS SAY
"I send thanks to you for the fantastic services your colleagues have given to Bradley and me so many times for our clients and for our general education."
~ Bradley
"Vivien Chan law firm has handled complex TM squatting disputes which have been resolved in a very satisfactory way. We appreciate in particular their great team and the strong dedication they have shown in helping us resolve complex issues."
~ Saint Laurent
"We can rely on the Vivien Chan firm as our needs, technology and the law changes."
~ Amway
"A strong reputation in general disputes and intellectual property."
~ Benchmark Litigation
"Vivien Chan is one of the most respected practitioners."
~ Asialaw Profiles
ACCOLADES
CORPHUB HONG KONG'S MOST OUTSTANDING BUSINESS AWARDS
Greater China's Most Outstanding Full-Service Law Firm of the Year 2022
Distinguished Practitioner in Intellectual Property 2022
Hong Kong
GLOBAL LAW EXPERTS AWARDS
Employment Law Firm of the Year 2021
Hong Kong
CORPHUB HONG KONG'S MOST OUTSTANDING BUSINESS AWARDS
Greater China's Most Trusted Legal Consulting Services of the Year 2021
Notable Practitioner in Dispute Resolution 2020
Hong Kong
BENCHMARK LITIGATION ASIA-PACIFIC RANKING
Notable Domestic Firm for Private Client 2020
Hong Kong
CHINA BUSINESS LAW JOURNAL
China's Elite 100 Lawyers (Foreign Firm) 2020
CORP TODAY MAGAZINE
GLOBAL BUSINESS AWARDS
Best Corporate Service Providers 2020 Hong Kong
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